Case Law Update (State v Rose)

Division III Court of Appeals State v. Rose: The Court found that I502, decriminalizing the possession by persons age 21 and older of small amounts of marijuana and marijuana related drug paraphernalia applied to pending prosecutions for possession, notwithstanding Washington’s general criminal prosecution saving statute. The Court found that the statute fairly conveys a legislative…

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Case Law Update, Week Ending 7-31-15

The following criminal cases of note were decided during the last week: Federal Law Ninth Circuit Court of Appeals Robinson v Lewis: The panel asked the California Supreme Court to resolve a question of state law that the Ninth Circuit has long struggled to answer, observing that this struggle absorbs appellate and district court resources.…

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Case Law Update

  The following criminal cases of note were decided during the last week: Federal Law Ninth Circuit Court of Appeals United States v. Guzman-Ibarrez: The panel vacated a conviction and sentence for illegal reentry after deportation or removal in violation of 18 U.S.C. § 1326 and remanded for the district court to consider whether the…

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Case Law Update, Week ending 7-3-15

The following criminal cases of note were decided during the last week: Federal Law United States Supreme Court Glossip v. Gross: In an opinion authored by Justice Alito and joined by the Chief Justice and Justices Scalia, Kennedy, and Thomas, the Court found that Oklahoma death-row inmates §1983 claim failed to establish a likelihood of…

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State v. Reis (Summary)

  Washington State Supreme Court State v. Reis: In a unanimous opinion authored by Justice Wiggins, the court found that the 2011 amendments to RCW 69.51A.040 do not decriminalize the possession of marijuana for medical use because such decriminalization was conditioned upon the establishment of a statewide registry of medical marijuana patients. However, because Governor…

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Case Law Update (February 2015)

The following criminal cases of note were decided during the last two weeks: Federal Law  United States Supreme Court Holt v. Hobbs: Justice Alito, writing for a unanimous Court, held that Arkansas Department of Correction should have provided a reasonable exception to its prohibition against beards to the petitioner, a devout Muslim for whom shaving…

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Case Law Update (August, 2014)

Washington State Law Supreme Court of Washington State v. Homan:  In an opinion authored by Justice Wiggins and joined by Chief Justice Madsen and Justices Fairhurst, J.M. Johnson (P.T.), Stephens, Gonzalez, and Gordon McCloud, the Court found sufficient evidence to uphold Mr. Homan’s conviction of child luring when the evidence demonstrated that Mr. Homan had…

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Case Law Update 11-25-11

From the Desk of Dena Alo-Colbeck The following criminal cases of note were decided this week: Washington State Law Division One Court of Appeals State v. Duncalf:  The Court upheld the jury’s general and special verdicts, finding that the two could be harmonized.  The Court reasoned that the special verdict, a finding of an aggravating…

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